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The Philippines - Economic Growth - usaid

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SOUTHEAST ASIA COMMERCIAL LAW & INSTITUTIONAL REFORM AND TRADE DIAGNOSTICS JULY 2007<br />

THE PHILIPPINES<br />

ATTACHMENT 1: COMPILATION OF RECOMMENDATIONS<br />

COMPANY LAW AND CORPORATE GOVERNANCE<br />

No. Type Recommendation Priority Duration<br />

1 Training and<br />

Education/<br />

Corporate<br />

Governance<br />

Greater efforts should be made to provide training in the efficacies of corporate governance. This<br />

training should focus on how greater corporate governance can increase wealth for all. However,<br />

it can also act as a threat to established wealth.<br />

Medium Short-Term<br />

2 Corporate<br />

Governance<br />

A Philippine case should be made for good corporate governance. To accomplish this, the<br />

Philippine case for reform should not refer heavily to the good governance checklists of the<br />

OECD, the New York Stock Exchange, the European Bank for Reconstruction and Development,<br />

or other outside indicators. Instead, it should focus on issues from the Philippine perspective. <strong>The</strong><br />

Philippine case for reform would— <br />

• Establish the Philippine nexus between good corporate governance<br />

• Calculate the gains to be expected from true institutional reform<br />

• Calculate the loss and opportunity cost suffered from lack of institutional reform.<br />

Medium<br />

Medium-<br />

Term<br />

CONTRACT LAW AND ENFORCEMENT<br />

No. Type Recommendation Priority Duration<br />

1 Judicial System Commercial courts should clear their docket of additional cases dealing with non-commercial High Long-Term<br />

Reform<br />

matters.<br />

2 Judicial System<br />

Reform<br />

In order to allow judges and court staff to develop specializations in commercial matters, and thus<br />

to expedite the disposition of cases, more courts should be designated as commercial courts.<br />

Medium Medium-<br />

Term<br />

3 Wage Reform Judges’ salaries should be increased to attract candidates with advanced commercial litigation High Short-Term<br />

skills.<br />

4 Judicial System<br />

Reform<br />

Efforts should be made to limit or eliminate facilitation payments to sheriffs to assist in the<br />

enforcement and collection of judgments.<br />

Medium Medium-<br />

Term<br />

160

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